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PHILIPPINE GOVERNMENT AND
PHILIPPINE CONSTITUTION
• PREPARED BY: PHILNER P. SALINDO
The Study of Political Science
• Political science- is the systematic study of the state and
government
political –greek word polis meaning city
Science –latin word scire meaning to know
1. Basic knowledge and understanding of the state and
principles and ideals
2. Concerned with the association of human beings into a
“body politic”
3. It deals with the relationship among men and groups
Scope of political science
1. Political theory –the entire body of doctrines relating
to the origin, form, behaviour, and purposes of the
state
2. Public law- organization of governments; limitations
of upon government authority; the powers and duties
of government offices and officers; the obligations of
one state to another
3. Public administration- attention is focused upon the
methods and techniques used in the actual
management of state affairs by the executive,
legislative and judicial branches of the government
Function and Importance
• the function of political science is to discover the
principles that should be adhered in the public affairs
and to study the operation of the of government in
order to demonstrate what is good, to criticise what is
bad or inefficient, and to suggest improvements
• Findings and conclusions maybe immense practical use
to legislators, executives and judges
• Deals with the problems and social welfare,
governmental economic programs, international
cooperation and wide range of other matters that are
urgent concern to public officials and to private
citizens.
Goal in the study of Political Science
1. Education for citizenship
2. Essential parts of liberal education
3. Knowledge and understanding about the
government
CONCEPTS OF STATE AND
GOVERNMENT
• STATE- is a community of persons more or less
numerous, permanently occupying a definite
portion of territory, having a government of their
own to which the great body of inhabitants
render obedience, and enjoying freedom from
external control.
ELEMENTS OF STATE
a. People
b. Territory
1. terrestial
2. fluvial
3. maritime
4. aerial
c. Government
d. Sovereignty
THEORIES ON THE ORIGIN OF THE
STATE
A. Divine right theory
B. Necessity or force theory
C. Paternalistic theory
D. Social contract theory
Difference between state and nation
state nation
a. Is a political concept
b. Is not subject to
external control
c. May consist of one
or more nations or
peoples
a. Is an ethnic concept
b. May or may not be
independent from
external control
c. May be made of several
states
Inherent Powers of the State
a. Police power
- It is the power to prescribe regulations to
promote the health, morals, education, good
order, safety, or the general welfare of the
people.
- The most demanding among the three inherent
powers because it affects both the person’s
liberty as well as its property
- It is a growing and expanding power
b. Power of eminent domain
- this refers to the power of the government to
take private property for public use
under the constitution:
“private property shall nit be taken for the public
use without just compensation”
“the state may, in the ineterest of national
welfare and development, establish and operate
vital industries and, upon payment of just
compensation, transfer to public ownership
utilities and other private enterprises to be
operated by the government”
c. Power of taxation
- it is the power of the state to impose taxes
Taxes are aht we pay for civilized society.
----requisites for Lawful exercise of the Power of taxation----
-
a. The tax is for a public purpose
b. The rule of uniformity of taxation observed
c. Either the person or property taxed is within the
jurisdiction of the government levying the tax
d. In the assessment and collection of certain kinds of
taxes, notice and opportunity for hearing are provided.
(article VI, Legislative Dept. )
• Government – it refers to the agecy through
which the will of the state is formulated,
expressed and carried out.
Forms of government:
1. As to the number of persons exercising
sovereign powers
2. As to extent powers exercised by the central or
national government
3. As to relationship between the executive and
the legislative branches of the government
As to the number of persons exercising
sovereign powers
a. Monarhcy
1. absolute monarchy
2. limited monarchy
b. Aristocracy
c. Democracy
1. direct or pure democracy
2. indirect, representative, or republican
democracy
As to extent powers exercised by the
central or national government
a. Unitary government-the control of national
and local affairs is exercised by the central or
national government
b. Federal government-the powers of the
government is divided into two sets of
organs, the national and the local
As to relationship between the
executive and the legislative branches
of the government
a. Parliamentary government
- one which the state confers upon the
legislature
b. Presidential government
- one which the state makes the executive
constitutionally independent of the legislature
Purpose and Necessity of Government
1. Advancement of the public welfare
- For the protection of the society and its
members
- The security of persons and property
- The administration of justice
- The preservation of the state from external
danger
- The advancement of the physical, economic,
social, and cultural well-being of the people
2. Consequence of absence
- anarchy and disorder and general feeling of
fear and insecurity will previal in society
- progress and development will not be
possible
- values taken for granted in a free modrn
society such as truth, freedom, justice,
equality, rule of law
- human dignity can never be enjoyed
Concept of Constitution
Constitution-
-fundamental law or the basis of government
- a system of fundamental laws or principles
for the government of a nation, society,
corporation or other aggregation of
individuals
- that body of rules aand maxims in
accordance with which the powers of
sovereignty are habitually exercised
The Purpose of the Constitution
-- is to prescribe a framework of the system of
government
-- assign to the different departments their
respective powers and duties
-- to establish certain fixed first principles on
which government is founded
-- to promote public welfare, which involves the
safety, prosperity, health, and happiness of
the people
Classification of Constitution
1. Written and Unwritten
written- one in which most of its provisions
are embodied in a single fromal written
instrument or instruments
unwritten- one which is entirely the product
of political evolution, consisting largely of a
mass of customs, usages and judicial decisions
together with a smaller body of statutory
enactments of a fundamental character
2. Cumulative and conventional
cumulative- when it has its origin mainly in
custom, common law principles, decisions of
courts.
conventional- has been formulated usually by
a constutional assembly or promulgated by
the King
3. Rigid and flexible
rigid – one that can be ammended only by a
formal and usually difficult process
flexible- is one that can be altered “by the
same body that makes ordinary laws of the
state
Parts of the Constitution
1. Constitution of the Government
2. Constitution of Liberty
3. Constitution of Sovereignty
The History of the Philippine
Government
• Pre- Spanish Period
–Unit of government- barangay
datu
Social classes
nobility
freeman
the serfs
the slaves
• During the Spanish Period
Spanish Colonial Government
unitary
the Governor-General
the Royal Audiencia
• Government of the revolutionary era
1. the Katipunan Government
– Supreme Council
– Provincial Council
– Popular Council
– Judicial council
2. The Biak na Bato Republic
established by Aguinaldo on Nov. 1, 1897
3. The Dictatorial Government
june 12, 1898
4. The Revolutionary Government
june 29, 1898
• The First Philippine Republic
–Malolos Bulacan
–Filipino Representatives
–The Malolos Constitution – the first in
Asia
• American Regime
–Military Government – april 14, 1898
–Civil Government- July 4, 1901
–Commonwealth Government – March
24, 1934
• Japanese Occupation
–Japanese Military Administration
–The Philippine Executive Commission
–The Japanese-sponsored Republic of the
Philippines
• The Provisional government of 1986
–Revolutionary
–De jure / de facto
–Constitutional and transitory
–Democratic
–Powers
–The provisional constitution
Assignment:
1. read, understand and memorize the
PREAMBLE
Source:
Phillipine Constitution by Hector S. De Leon

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Concepts of state and government

  • 1. PHILIPPINE GOVERNMENT AND PHILIPPINE CONSTITUTION • PREPARED BY: PHILNER P. SALINDO
  • 2. The Study of Political Science • Political science- is the systematic study of the state and government political –greek word polis meaning city Science –latin word scire meaning to know 1. Basic knowledge and understanding of the state and principles and ideals 2. Concerned with the association of human beings into a “body politic” 3. It deals with the relationship among men and groups
  • 3. Scope of political science 1. Political theory –the entire body of doctrines relating to the origin, form, behaviour, and purposes of the state 2. Public law- organization of governments; limitations of upon government authority; the powers and duties of government offices and officers; the obligations of one state to another 3. Public administration- attention is focused upon the methods and techniques used in the actual management of state affairs by the executive, legislative and judicial branches of the government
  • 4. Function and Importance • the function of political science is to discover the principles that should be adhered in the public affairs and to study the operation of the of government in order to demonstrate what is good, to criticise what is bad or inefficient, and to suggest improvements • Findings and conclusions maybe immense practical use to legislators, executives and judges • Deals with the problems and social welfare, governmental economic programs, international cooperation and wide range of other matters that are urgent concern to public officials and to private citizens.
  • 5. Goal in the study of Political Science 1. Education for citizenship 2. Essential parts of liberal education 3. Knowledge and understanding about the government
  • 6. CONCEPTS OF STATE AND GOVERNMENT • STATE- is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control.
  • 7. ELEMENTS OF STATE a. People b. Territory 1. terrestial 2. fluvial 3. maritime 4. aerial c. Government d. Sovereignty
  • 8. THEORIES ON THE ORIGIN OF THE STATE A. Divine right theory B. Necessity or force theory C. Paternalistic theory D. Social contract theory
  • 9. Difference between state and nation state nation a. Is a political concept b. Is not subject to external control c. May consist of one or more nations or peoples a. Is an ethnic concept b. May or may not be independent from external control c. May be made of several states
  • 10. Inherent Powers of the State a. Police power - It is the power to prescribe regulations to promote the health, morals, education, good order, safety, or the general welfare of the people. - The most demanding among the three inherent powers because it affects both the person’s liberty as well as its property - It is a growing and expanding power
  • 11. b. Power of eminent domain - this refers to the power of the government to take private property for public use under the constitution: “private property shall nit be taken for the public use without just compensation” “the state may, in the ineterest of national welfare and development, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the government”
  • 12. c. Power of taxation - it is the power of the state to impose taxes Taxes are aht we pay for civilized society. ----requisites for Lawful exercise of the Power of taxation---- - a. The tax is for a public purpose b. The rule of uniformity of taxation observed c. Either the person or property taxed is within the jurisdiction of the government levying the tax d. In the assessment and collection of certain kinds of taxes, notice and opportunity for hearing are provided. (article VI, Legislative Dept. )
  • 13. • Government – it refers to the agecy through which the will of the state is formulated, expressed and carried out. Forms of government: 1. As to the number of persons exercising sovereign powers 2. As to extent powers exercised by the central or national government 3. As to relationship between the executive and the legislative branches of the government
  • 14. As to the number of persons exercising sovereign powers a. Monarhcy 1. absolute monarchy 2. limited monarchy b. Aristocracy c. Democracy 1. direct or pure democracy 2. indirect, representative, or republican democracy
  • 15. As to extent powers exercised by the central or national government a. Unitary government-the control of national and local affairs is exercised by the central or national government b. Federal government-the powers of the government is divided into two sets of organs, the national and the local
  • 16. As to relationship between the executive and the legislative branches of the government a. Parliamentary government - one which the state confers upon the legislature b. Presidential government - one which the state makes the executive constitutionally independent of the legislature
  • 17. Purpose and Necessity of Government 1. Advancement of the public welfare - For the protection of the society and its members - The security of persons and property - The administration of justice - The preservation of the state from external danger - The advancement of the physical, economic, social, and cultural well-being of the people
  • 18. 2. Consequence of absence - anarchy and disorder and general feeling of fear and insecurity will previal in society - progress and development will not be possible - values taken for granted in a free modrn society such as truth, freedom, justice, equality, rule of law - human dignity can never be enjoyed
  • 20. Constitution- -fundamental law or the basis of government - a system of fundamental laws or principles for the government of a nation, society, corporation or other aggregation of individuals - that body of rules aand maxims in accordance with which the powers of sovereignty are habitually exercised
  • 21. The Purpose of the Constitution -- is to prescribe a framework of the system of government -- assign to the different departments their respective powers and duties -- to establish certain fixed first principles on which government is founded -- to promote public welfare, which involves the safety, prosperity, health, and happiness of the people
  • 22. Classification of Constitution 1. Written and Unwritten written- one in which most of its provisions are embodied in a single fromal written instrument or instruments unwritten- one which is entirely the product of political evolution, consisting largely of a mass of customs, usages and judicial decisions together with a smaller body of statutory enactments of a fundamental character
  • 23. 2. Cumulative and conventional cumulative- when it has its origin mainly in custom, common law principles, decisions of courts. conventional- has been formulated usually by a constutional assembly or promulgated by the King
  • 24. 3. Rigid and flexible rigid – one that can be ammended only by a formal and usually difficult process flexible- is one that can be altered “by the same body that makes ordinary laws of the state
  • 25. Parts of the Constitution 1. Constitution of the Government 2. Constitution of Liberty 3. Constitution of Sovereignty
  • 26. The History of the Philippine Government • Pre- Spanish Period –Unit of government- barangay datu Social classes nobility freeman the serfs the slaves
  • 27. • During the Spanish Period Spanish Colonial Government unitary the Governor-General the Royal Audiencia
  • 28. • Government of the revolutionary era 1. the Katipunan Government – Supreme Council – Provincial Council – Popular Council – Judicial council
  • 29. 2. The Biak na Bato Republic established by Aguinaldo on Nov. 1, 1897 3. The Dictatorial Government june 12, 1898 4. The Revolutionary Government june 29, 1898
  • 30. • The First Philippine Republic –Malolos Bulacan –Filipino Representatives –The Malolos Constitution – the first in Asia
  • 31. • American Regime –Military Government – april 14, 1898 –Civil Government- July 4, 1901 –Commonwealth Government – March 24, 1934
  • 32. • Japanese Occupation –Japanese Military Administration –The Philippine Executive Commission –The Japanese-sponsored Republic of the Philippines
  • 33. • The Provisional government of 1986 –Revolutionary –De jure / de facto –Constitutional and transitory –Democratic –Powers –The provisional constitution
  • 34. Assignment: 1. read, understand and memorize the PREAMBLE Source: Phillipine Constitution by Hector S. De Leon